United States v. Shepardson

DECISION

FORAY, Senior Judge:

The accused was tried and, pursuant to his pleas, convicted by a general court-martial with members of five drug related offenses. In accordance with a pretrial agreement the approved sentence extends to dismissal from the service, confinement at hard labor for 18 months, and forfeiture of $1275.00 per month for 24 months.

Appellate defense counsel’s sole claim on appeal is:

THE GENERAL COURT-MARTIAL WHICH TRIED CAPTAIN SHEPARD-SON WAS WITHOUT AUTHORITY TO DO SO.

The factual setting relevant to the assignment of error follows.

The accused was ordered tried by a general…